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(영문) 서울중앙지방법원 2016.10.05 2015가단5159957
사해행위취소
Text

1. The gift contract concluded on March 17, 201 between C and the defendant with respect to each real estate stated in the separate sheet shall be KRW 23,614,083.

Reasons

1. The occurrence of the right to revoke the fraudulent act;

(a) Recognition 1) The Plaintiff’s status A Mutual Savings Bank (hereinafter “A Mutual Savings Bank”);

A Mutual Savings Bank was declared bankrupt on March 5, 2012 by the Gwangju District Court 2012Hahap1, and the Plaintiff was appointed as bankruptcy trustee. 2) A Mutual Savings Bank loaned KRW 3.5 billion to D Agricultural Partnership on September 29, 2008 (hereinafter referred to as the “instant loan”).

C’s representative director of the said corporation jointly and severally guaranteed the said corporation’s debt. E also jointly and severally guaranteed the said debt of D 4.55 billion won up to the limit of 4.5 billion won. (B) D LLC delayed the repayment of the loan from August 24, 2009, and lost the benefit of October 25, 2009.

C) As of March 17, 201, the instant loan obligations against A Mutual Savings Bank A of D incorporated farming associations are KRW 4,506,801,474 (principal principal KRW 3,177,701,362, interest KRW 1,329,10,112) as of March 17, 201, and KRW 7,889,509,597 as of May 19, 201, C (i.e., debtor’s property disposal of KRW 3,532 square meters) donated to the Defendant, who is in charge of the debtor’s property disposal on March 17, 201 (hereinafter “the instant gift contract”).

(B) On August 8, 2014, the land was divided into two parcels as shown in the separate sheet, where the registration of ownership transfer was completed on March 18, 2011.

(hereinafter referred to as "the land in this case without dividing the land before and after the division into the land before and after the division (based on recognition). [No dispute exists, Gap evidence Nos. 1 through 11 (including provisional numbers), the purport of the whole pleadings.

B. Where the debtor's assets are insufficient to fully repay his/her obligations, the debtor's act of donating his/her sole real estate constitutes a fraudulent act unless there are special circumstances. In such cases, the defendant's bad faith as the beneficiary is presumed.

Therefore, the Plaintiff may cancel the instant donation contract against the Defendant, the beneficiary, and seek restitution.

C. Determination on the Defendant’s assertion regarding the preserved claim 1.

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